Tag Archives: Lawsuit
Matters of Style: Spouse’s Elective Share Suit Dismissed for Naming the Wrong Party
The identity of parties matters a great deal in litigation. The failure to sue the right person can have serious consequences. Even if a litigant has a solid case, naming the wrong party can prematurely end a case without the suit ever being heard on the merits. In some cases, courts permit amendments of lawsuits. In light of that, some may assume that a mistake may be overlooked or fixed by a court. Not so. For these reasons, it is critical to enlist the help of an experienced litigator when faced with an estate dispute.
A Bewildering Bequest: The Supreme Court of Virginia Weighs in on the Meaning of a Will’s Residuary Clause
Most people are familiar with the basic contents of a will. Wills typically name an executor, order the payment of debts and expenses, and provide for the distribution of the testator’s (will-maker) property. Many wills provide for specific property to pass to specific people. These are known as specific bequests or devises. In addition to such bequests or devises, most wills contain a residuary clause – sort of a catch-all disposition for all of the rest and remainder of the estate. They typically read something like this: “I leave all of the rest, residue, and remainder of my property, of …
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